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HomeMy Public PortalAbout2008_10_28 COUNCIL MEETING October 28, 2008 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council Members Present: David S. Butler, Thomas S. Dunn, II, Katie Sheldon Hammier, Ken Reid, Kevin Wright and Mayor Kristen Umstattd. Council Members Absent: None Staff Present: Town Manager John Wells, Deputy Town Manager Kaj Dentler, Town Attorney Jeanette Irby, Director of Public Works Tom Mason, Senior Engineer Anne Geiger, Economic Development Manager Marantha Edwards, Director of Planning and Zoning Susan Berry-Hill, Deputy Director of Planning and Zoning Brian Boucher, Assistant Director of Capital Projects Management Tom Brandon, Environmental Planner Irish Grandfield and Clerk of Council Lee Ann Green AGENDA 1. Call to Order ITEMS 2. Salute to the Flag was led by Council Member Dunn 3. Invocation was lead by Council Member Butler 4. Roll Call showing all members present 5. Minutes a. Work Session Minutes of September 22, 2008 On a motion by Council Member Martinez, seconded by Council Member Butler, the minutes were passed 7-0 b. Regular Session Minutes of October 15, 2008 On a motion by Vice Mayor Hammier, seconded by Council Member Butler, the minutes were passed 7-0 with corrections. 6. Adopting the Meeting Agenda (Amendments and Deletions) On a motion by Council Member Martinez, seconded by Council Member Wright, the meeting agenda was approved by a 7-0 vote. 7. Presentations a. Bid Opening - (Bid #600710-FY09-01) Airport Lease Agreement - Tenant Area #lA - 825 Square Feet. No bids were received. No bids from the Floor b. Bid Opening - (Bid #6007-10-FY09-02) Airport Lease Agreement - Classroom #2 - 337.5 Square Feet. No bids were received. No bids from the Floor c. Journey Through Hallowed Ground Cate Wyatt gave a presentation to Council regarding the work the Journey has been involved in during the past few years. She asked Council to sign a resolution supporting the designation of the Journey corridor as an "All American Road" by the Federal Government. Council asked that this item be put on the agenda for the next meeting pending confirmation this designation would not interfere with any federal or state grants the Town is already involved with. Town Council Meeting of October 28, 2008 Page 2 d. Small Business Development Center (SBDC) Robin Suomi gave a brief presentation to Council regarding the work the SBDC has been involved in during the past year. 8. PETITIONERS The Petitioners section was opened at 8:05 p.m. Gordon Herndon, 105 Plaza Street, N.E., stated he has been a resident on Plaza Street for many years. He stated there is a problem with cars speeding to catch the green light at the intersection with Edwards Ferry Road. He asked for increased enforcement in this area. Mr. Herndon also sought assistance with misdirected mail. He stated the 66-105 Plaza Street address often receives his mail and he receives their mail. He stated this is a problem with many of the residences in his block. He stated he has heard rumors that his mail has been lying on the ground after being mis-delivered to the 66-105 address. He requested a change of address for the homes in the 66 Plaza Street subdivision. Vice Mayor Hammier suggested a meeting with the residents of the 66 Plaza Street development to discuss what a good short term solution might be. Mayor Umstattd suggested sending the speeding issue to the Standing Residential Traffic Committee for a recommendation. The Petitioners section was closed at 8: 15 p.m. 9. ADOPTION OF THE CONSENT AGENDA There were no items on the Consent Agenda 10. PUBLIC HEARINGS a. Endorsing the Application and Authorizing the Town Manager to Execute any and all Documents Associated with the Application for a Transportation Enhancement Grant for the Purpose of Funding the Replacement of Streetlights in the Leesburg Historic District The public hearing was opened at 8:25 p.m. Tom Brandon gave a brief presentation on the item. He stated this is a funded Capital Project. He stated they are doing this project in stages as the funding becomes available. He stated this additional funding will allow them to complete another segment, but in order to apply for the grant they will need a resolution from Council. Council Member Dunn questioned the status of the project if the funds are not acquired from the Virginia Department of Transportation. Mr. Brandon stated if the funds are not granted, then the project will be delayed until funding can secured. Council Member Dunn suggested completing a section to the south in light of the new development that has been approved for that area. Mr. Brandon stated that can be adjusted on future applications. He stated the planned area on the north end of King Street is free of overhead power lines. He stated undergrounding the power lines is part of this Capital Town Council Meeting of October 28, 2008 Paqe 3 Project and without the need to relocate the power lines, it is a much simpler project. There were no speakers for this public hearing. The public hearing was closed at 8:30 p.m. On a motion by Council Member Martinez, seconded by Council Member Dunn, the following was proposed: RESOLUTION 2008-157 Endorsing the Application and Authorizing the Town Manager to Execute the Application for a Transportation Enhancement Grant for the Downtown Streetlights Project The motion was approved by the following vote Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 11. ORDINANCES a. None 12. RESOLUTIONS a. Adopting a Ten-Percent Energy Reduction Goal for 2012 for Municipal Government of the Town of Leesburg On a motion by Vice Mayor Hammier, seconded by Council Member Martinez, the following was proposed: RESOLUTION 2008-158 Adopting a Ten-Percent Energy Reduction Goal by 2012 for Municpal Government of the Town of Leesburg Mayor Umstattd stated the Town received a plaque at the Virginia Municipal League conference in Norfolk. Vice Mayor Hammier stated the municipalities who received their certificates for Green Government at the conference were very proud. She thanked staff for making this award possible. Council Member Reid stated there were wonderful roundtable discussions on how various companies are going into municipalities and providing newer HVAC and lighting equipment which would allow municipalities to reap the benefits of energy savings. Vice Mayor Hammier stated whatever the Town can do to reduce energy use is very important. Council Member Butler commended the EAC for being proactive with this initiative. Town Council Meetinq of October 28, 2008 Page 4 b. Approving a Design Change order for the North King Street Drainage Project On a motion by Council Member Wright, seconded by Council Member Martinez, the following was proposed: RESOLUTION Approving a Design Change Order for the North King Street Drainage Project The motion was approved by the following vote Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 13. OLD BUSINESS a. Site Plan Review Time Limits Council Member Reid stated there has been no discussion of the memo on the DCSM and Overland Relief. He stated we need to discuss this at the next work session because the staff is moving in a positive direction, but there are some alternatives he would like to make sure are looked at. He stated the presentation about ESI was excellent and hopes to include this as part of the Legislative agenda. 14. NEW BUSINESS FOR ACTION a. Dominion Virginia Power Lines - Wage Drive The following motion by Council Member Martinez, seconded by Council Member Wright, was proposed: MOTION Approving Letters to Leesburg's Federal and State Representatives Regarding Dominion Power Council Member Wright suggested changing the wording of the last sentence of the letter to Governor Kaine to "We look forward to your prompt and immediate action to assist with this untenable situation." Mayor Umstattd suggested the word "However," be added before the sentence "There was a clear..," The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright, and Mayor Umstattd Nay: None Vote: 7-0 b. Authorizing Letters to State Legislators Regarding VDOT Battlefield ParkwaY/Rt. 7 Diamond Interchange Design Council Member Wright asked that this item be deferred until the next meeti ng. The motion was seconded Council Member Reid. Town Council Meetinq of October 28, 2008 Page 5 The motion to defer was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 c. Initiating H-2 Steering Committee On a motion by Vice Mayor Hammier, seconded by Council Member Dunn, the following was proposed: RESOLUTION 2008-160 H-2 Overlay District Review Vice Mayor Hammier clarified that she moved alternative #2 with the amendment "...directs the planning commission with input from all key stakeholders" . Council Member Wright clarified that alternative #2 is the transfer of the H-2 review from the BAR to the Planning Commission. Vice Mayor Hammier stated it is really two separate things; one directing the Planning Commission to be responsible for the H-2 review, and being responsible for establishing guidelines for the H-2 involving all key stakeholders, not just the BAR. Council Member Dunn stated the "therefore" from the last page could be replaced by the "Therefore" from Alt. 2. He stated it is too much work at this point in time to get involved with working on the guidelines. Council Member Wright stated he would not be supporting Alt. #2. He stated the chairs of the Planning Commission and BAR talked about was a long list of problems and we need to identify what the solutions are and then move forward. He stated given that broad empowerment, the Planning Commission might say the H-2 outside the bypass is not worth it. Having the Planning Commission look at a very narrow question of do we move the review of the H-2 to the Planning Commission from the BAR simply moves the existing problem to a body that has no training in architectural review and will have to be trained. He stated this will create the same long, drawn out process. Vice Mayor Hammier stated she would like to withdraw her earlier amendment as the key point she was trying to make is the Planning Commission being responsible for the H-2 review and involving all key stakeholders. She stated this is best reflected in Alternative # 1. Council Member Reid stated he would second a motion for Alternative #1. He stated he would like a friendly amendment to require the Planning Commission to report to Council by February 23 and make their final recommendations to Council by June 8, 2009. He stated this would give them a specific period of time to come up with regulations and guidelines. He stated he hoped they would come up with specific ordinances and guidelines. Vice Mayor Hammier stated this amendment would be acceptable. Town Council Meetinq of October 28, 2008 Page 6 Council Member Dunn questioned what would be done that has not already been planned to be done. Council Member Reid stated they would redo the regulations and look at the parameters of the corridor. Council Member Wright stated he felt what we are doing is having a broader review of what is the right way to do this, what is the most efficient way to do this. He stated they will try to figure out what the goals of the H-2 are and how to get there. Council Member Martinez stated we are adding stakeholders in the development community who have valuable input. He asked to add an amendment to Alternative #A. He stated we need to designate how many Planning Commissioners if we are designating the number of BAR members. Council Member Wright stated he would like to strike Alternative #A as he did not feel we should not designate the number of Planning Commissioners. He stated the steering committee should include the BAR, Planning Commission, and stakeholders. Vice Mayor Hammier asked for a friendly amendment to take Council Member Wright's suggestion of striking Alternative #A. This friendly amendment was seconded by Council Member Reid. Vice Mayor Hammier went on to add another friendly amendment to the last Therefore on the first page to be "the Leesburg Town Council directs the Planning Commission, with input from all key stakeholders, to review and recommend to Council" and strike the rest of the phrase regarding the steering committee. She stated we should let them decide and pull together all key stakeholders to provide input. She stated they will come back with a comprehensive policy recommendation. Council Member Reid agreed to this amendment. Council Member Butler stated the steering committee was the intent of this resolution. Council Member Reid stated he would recommend a joint Planning Commission and BAR committee with input from the stakeholders. Jeanette Irby stated people have already asked to participate on a steering committee. Council Member Dunn made a motion to table indefinitely. The motion failed for lack of a second. Council Member Martinez made a motion to table until the next Council meeting immediately following the next Planning Commission meeting. The motion to table failed by the following vote: Town Council Meeting of October 28, 2008 Page 7 Aye: Dunn, Martinez Nay: Butler, Hammier, Reid, Wright and Mayor Umstattd Vote: 2-5 Council Member Wright stated Vice Mayor Hammier's proposal is to give the Planning Commission the direction and let them go. He questioned whether anything in the legislation prohibits the Planning Commission from forming a steering committee as a way to complete their task. Ms. Irby stated there is nothing to prevent the Planning Commission from forming a steering committee, but they might like some direction as to the make up of the committee. Ms. Irby clarified the wording for the resolution as followed: The first page change "Therefore the Leesburg Town Council directs the Planning Commission with input from all key stakeholders to review and recommend...", strike Alternative A, Alternative #1 is "Resolved, that the Leesburg Town Council with input from all key stakeholders, commence the above actions as set forth above and report to Council on February 23. The anticipated amount of time needed that said Committee needs to make its recommendations to Council, said recommendations to be made by June 8, 2009." The original motion with friendly amendments as discussed was approved by the following vote: Aye: Butler, Dunn, Reid, Wright, and Mayor Umstattd Nay: Dunn, Martinez Vote: 5-2 15. NEW BUSINESS FOR CONSIDERATION AT A FUTURE MEETING a. Request for additions: i. Council Member Wright asked for an update on speed enforcement. ii. Council Member Reid asked for a resolution designating a point person and an alternate to work on the GMU stakeholder committee. iii. Council Member Dunn asked for a serious discussion of how to get additional enforcement on the streets, not just for traffic. He stated he would like to look at the possibility of getting SROs out of the schools and onto the street. 16. COUNCIL COMMENTS Council Member Reid stated the Vice Mayor and he had a good time at the VML conference. He stated they learned that VDOT may have to cut money from town and city road maintenance this year. He stated the Vice Mayor cleverly had VML adopt a resolution as part of their legislative packet to support local sovereignty over water and sewer rates. He thanked the Vice Mayor for the accomplishment. He distributed a letter from resident Elizabeth Barbee regarding sidewalks. He stated we have to work on getting sidewalks and infrastructure improvements faster than we build our own infrastructure improvements. He stated he did not attend Court Days, but is very sad it was not more successful. He stated he hopes we have a fair election and is concerned about some of the tactics that are being bandied about. Town Council Meetinq of October 28. 2008 Paqe 8 He stated there is still time to volunteer to work at the polls. He stated he would see everyone at the Halloween Parade. Council Member Butler reiterated his praise of the Environmental Advisory Commission because they are being very proactive in a number of areas. He stated next week turn out at the polls is expected to be very high and if there are any volunteer opportunities, it would be great to get them filled. Council Member Wright congratulated town staff on how well they handled the two political rallies. He stated he appreciated the town being able to bring to a sharper point in backing up the Mayor in her already aggressive efforts against Dominion Power's ongoing attempts to destroy our community. He asked that staff follow-up with the flooding from Loudoun County High School. He stated the missing sidewalk section in front of Tolbert is not a frontage problem, but is actually on school property. He stated Interfaith Relief is collecting canned goods at the Halloween Parade. He congratulated Bill Ference and the Parks and Rec Department for the acknowledgement they received in NVRC's environmental newsletter. He updated the Council on Form Based Code. He stated the consultant is wrapping up their test cases. He stated they would be having a steering committee meeting in December. He stated his information from observers is the Vice Mayor is a one- woman lobbyist at VML. He stated there is a briefing meeting on Thursday regarding the Morven Park sidewalks. He stated he attended Court and Market Days. He stated the activity was consolidated and staff did a good job. He stated we need to evaluate whether we are making forward momentum or not. He encouraged everyone to vote. He reminded those who used to vote at the Fire Hall to vote at Ida Lee. Council Member Martinez stated he appreciated the way the town handled the political rallies. He stated he got a shave at Court and Market Days, which was a real treat. He stated he is concerned about Court and Market Days. He stated we need to consider whether we should continue to hold it in October, make it a festival or move it back to August. Vice Mayor Hammier stated this was a remarkable week. She stated it was a great experience for her children to be able to watch what was going on in Town. She stated she was very honored the first thing that Senator Obama said to her was "Vice Mayor, you have a beautiful town". She thanked the entire town staff. She thanked Mayor Umstattd for all her hard work regarding the power lines. She stated she went to the Vice Mayor training before the VML conference, which gave her an opportunity to work with the Chair of the Legislative Policy Committee to get the Utility rate statement included in the Legislative Agenda. She recommended we do active follow-up with all municipalities. She stated it is incredible the amount of support around the state from various municipalities for this legislative action. She stated towns across the state do not have enough cash to operate. She stated there is about a three billion dollar revenue shortfall in the state. She stated it was a good opportunity for the town. She reminded everyone of the November 11 Veteran's Day commemoration. She noted all group exercise classes are cancelled at Ida Lee for Election Day. Council Member Dunn congratulated town staff on pulling off both rallies. 17. MAYOR'S COMMENTS Town Council Meeting of October 28, 2008 Page 9 Mayor Umstattd thanked Vice Mayor Hammier for her efforts at the VML Conference on behalf of the Town. She thanked Council for attending ribbon cuttings at Joann Fabrics and CiCi's Pizza. She thanked Phil Rusciolleli for hosting the Buddy Walk for Down's Syndrome last week. She thanked Hair Savvy for their efforts to raise awareness for breast cancer. She stated the merchants at Market Station were involved in that. She congratulated Ryan Rice on his achieving Eagle Scout. She asked Council Member Martinez to find out if Eagle Scout Rice would like to receive a formal certificate from the Council. 18. MANAGER'S COMMENTS Mr. Wells thanked Council for recognizing the hard work involved in hosting the two political rallies. He thanked Public Works, the Police Department and Parks and Rec for their hard work. He noted those same groups will be involved in the Halloween Parade this Friday as well. He asked Council to add an input session on the George Mason University Study on November 6 at Town Hall. He stated they will also be meeting with Council prior to the November 10 worksession. He noted there is a logistical challenge in rescheduling the Legislative Dinner. He stated they will attempt to set up a meeting with those legislators who can attend prior to the November 12 meeting and have smaller meetings with other legislators at their convenience. 19. CLOSED SESSION There were no Closed Sessions 20. ADJOURNMENT On a motion by Council Member Wright, seconded by Vice Mayor Hammier, the meeting was adjourned at 9:26 p.m. 1 Kristen C. mstattd, Mayor Town of Leesburg /, / / -